Abandonment of Property

Good afternoon, Thank you for your website. I am in need of some urgent advice. My tenant abandoned the property on 14th September. The property was being managed by a real estate agent at the time. My husband and I lodged an urgent application to QCAT to have the tenants bond refunded to us as he had left the property without giving any notice to us or supposedly the real estsae agents. We attended QCAT on 4th Oct to be told the application was dismissed due to no abandonment notice being given to the tenant. The tenant was two weeks in arrears when he left the property and has not paid any rent since 30th Aug. We have since discovered that the tenant has made his own application to QCAT for the return of the bond sighting that the place was totally unsafe and we as landlords were abusicve and aggressive toward him, both of which are untrue. He did have his car window smashed and graffitf was written on his bonnet which was removed the same morning by me with some solvent cleaner with no damage to his car. We have since discovered the agent advised him in an email responding to him stating he was not safe to vacate the premises ASAP and that it was up to him if he paid any more rent. The agent now want us to appear at QCAT for them abd are not helping us at all. In fact they told the tenant that"on getting more advice any magistrate would support the tenant leaving". He did not leave till two weeks later. We do not know what to do now as the agents are being unhelpful and have known about the issue without telling us as landlords. The tenant has been given an abandonment notice last friday and has a week to respond. Can you please advise if there is anything we can do to get the bond returned and what do we need from the real estate given they just want to palm it off to us to manage. Thank you for your assistance. Regards Louise

Generally speaking using a ren...

Generally speaking using a rental property for any unlawful purpose should give you enough ammo to start the process of removing the tenant. It sounds like you are on good grounds here. I would be sure to document the activity (did you take a picture of the plant?) because you will have to prove it if he fights the eviction. You might also look into the city code in your area to see if eviction for unlawful activity requires a police report. In some cities this is the case. If you let me know what city you are in I'd be happy to give that a look. Hope this helps. 

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What state are you in?  My LEA...

What state are you in?  My LEASE states tenant pays all utilities bills.  I don't know how many times I have had to PAY even if HUD lowers my rent amount because the tenant has to pay the bills.  Section 8/HUD is such a bunch of **bleep** it is sickening!  I wrote to the Chicago office and didn't get the courtesy of a reply aboout this.  It is a Felony in my estimation when I get screwed for having the uitilitiy bill taken into account to lower my rent and THEN THE RENTER doesn't pay the bill.  Wake up TAYPAYERS!  When I hear about the human services depts. having such large bills, I get sick.  Kick some of the Section 8 people off and let some who really need it get on it.  I am in Minnesota, home of the "give aways" to all people who "need" help like money, housing, welfare.

If the tenant was the person w...

If the tenant was the person who intiated the services specifically for their unit, and directly with the utility companies, then the tenant should be liable and there should not be any ability for a utility to lien the property. However if the tenant was paying their share of utilities that are billed in common or were assuming services that were setup by the landlord/property manager, then the utility company probably does have the ability to look to the management company for repayment and could possibly have the ability to file a lien. 

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